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P0842 An appellate court's finding in the appeal from denial of a SLAPP motion that there was sufficient evidence for a trier of the fact to find for plaintiff established that there were triable issues, so in the absence of new evidence that would conclusively negate plaintiff's prima facie case the law-of-the-case doctrine prevents the subsequent entry of summary judgment for defendant.
BERGMAN v DRUM (Law of the Case) 129 CA4 11 [See: CCP 425.16; Roberts v Sentry 76 CA4 375, T/AT 12/99; Zamos v Stroud 32 C4 958, T/AT 5/04]
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